Terms & Conditions Flagship Bike

Besloten Vennootschap Flagship Bike (hereinafter: Flagship Bike) is registered with the Chamber of Commerce under number 94953767 and is located at Leliegracht 50D, (1015 DH) in Amsterdam.

Article 1 – Definitions

In these general terms and conditions, the following terms are used in the following meanings unless expressly indicated otherwise:
Offer: Any offer or quotation to the Passenger for the provision of Services by Flagship Bike.
Passenger: The Consumer or Company who, in one way or another, directly or indirectly, enters into an Agreement with Flagship Bike for participation in a tour organized by Flagship Bike (holder of the Ticket). Also, the Passenger is the natural or legal person who participates in a tour without having entered into an Agreement with Flagship Bike.
Company: The natural or legal person acting in the course of a profession or business.
Consumer: The natural person who does not act in the exercise of his or her profession or business.
Tour: Any execution of a public tour or a private tour with a guide.
Services: Flagship Bike provides the organization of tours in the broadest sense of the word. In addition, Flagship Bike provides related services in the form of catering arrangements and other activities before, during, or after the tour.
Flagship Bike: The service provider offering Services to the Passenger.
Agreement: Every agreement and other obligations between the Passenger and Flagship Bike, as well as proposals from Flagship Bike for Services provided by Flagship Bike to the Passenger, which are accepted and executed by the Passenger and which, together with these general terms and conditions, form an indivisible whole.
Ticket: An admission ticket, a physical or digital document provided by Flagship Bike with a unique code, indicating the Passenger’s right to be present on the tour on a specific date and time.
Arrangements: Additional services in addition to the tour in the form of catering based on the options offered by Flagship Bike.

Article 2 – Applicability

These general terms and conditions apply to every Offer by Flagship Bike, every Agreement between Flagship Bike and the Passenger, and to every service offered by Flagship Bike.
Before an Agreement is concluded, the Passenger will have access to these general terms and conditions. If this is not reasonably possible, Flagship Bike will inform the Passenger about how the Passenger can view the general terms and conditions.
Deviation from these general terms and conditions is not possible. In exceptional situations, deviations from the general terms and conditions can be agreed upon explicitly and in writing with Flagship Bike.
These general terms and conditions also apply to additional, modified, and follow-up orders from the Passenger.
The general terms and conditions of the Passenger are excluded.
If one or more provisions of these general terms and conditions are partially or wholly void or are annulled, the remaining provisions of these general terms and conditions will remain in effect, and the void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
Uncertainties regarding the content, interpretation, or situations not governed by these general terms and conditions shall be assessed and explained in accordance with the spirit of these general terms and conditions.
The applicability of Articles 7:404 Dutch Civil Code (BW) and 7:407(2) Dutch Civil Code (BW) is explicitly excluded.
If these general terms and conditions refer to “she/her,” it should also be construed as a reference to “he/him/his,” where and as applicable.
In the event that Flagship Bike does not always demand compliance with these general terms and conditions, it reserves the right to demand full or partial compliance with these general terms and conditions at a later time.

Article 3 – The Offer

All offers made by Flagship Bike are non-binding, unless expressly stated otherwise in writing and are valid for 14 days. If the Offer is limited or subject to specific conditions, this will be explicitly stated in the Offer.
Flagship Bike is only bound by the Offer if the Passenger has already paid the due amount through the specified method. Nevertheless, Flagship Bike has the right to refuse an Agreement with a (potential) Passenger for a valid reason.
The Offer includes a description of the Services offered. The description is sufficiently detailed to enable the Passenger to make a proper assessment of the Offer. Any data in the Offer is only indicative and cannot be the basis for any compensation or the dissolution of the Agreement.
Offers or quotations do not automatically apply to later tours. Offers are only valid based on availability.
An Offer can be made by Flagship Bike via the website.

Article 4 – Formation of Agreement

The Agreement is established at the moment the Passenger accepts an Offer or Agreement from Flagship Bike by purchasing the Ticket through the Flagship Bike website or by physically purchasing a Ticket at the dock.
If the Passenger has accepted the Offer by entering into an Agreement with Flagship Bike, Flagship Bike will confirm the Agreement with the Passenger in writing or by email after the end of the tour.
Flagship Bike is not bound by an Offer if the Passenger could reasonably have expected or should have understood or should have been aware that the Offer contains an obvious mistake or error. The Passenger cannot derive any rights from such a mistake or error.
Any Agreement entered into with Flagship Bike is with the company and not with an individual person associated with Flagship Bike.
The right of withdrawal for the Passenger is excluded as it concerns an activity (event) performed on a specific date. All arrangements or food items that cannot be taken back due to limited shelf life are also excluded from the right of withdrawal.
The Agreement is established on the condition that a tour depends on weather conditions. It is solely at the discretion of Flagship Bike to assess whether the tour can take place at the time of the Agreement. In any case, there will be no tours if:

• There is a wind force of 5 or higher.
• In case of thunderstorms.
• In case of high or low water levels, blockages, or other events on or around the water that may be a reason to change the tour program or cancel the tour.

Flagship Bike changing the tour, regardless of the cause, does not lead to a refund unless otherwise agreed. In case the tour cannot take place, a new date will be scheduled, or the Agreement will be dissolved, and the amount will be refunded to the Passenger.

Article 5 – Duration of the Agreement

The Agreement is entered into for the duration specified in the Agreement. The expiration date is indicated on the Ticket.
The Agreement automatically ends once the specified tour in the Agreement has ended.
The tour is highly dependent on meteorological conditions and other events on and around the water, which may cause the tour to run differently than expected. Any statement by Flagship Bike about the length and nature of the tour is always an estimate and based on ideal conditions. No rights can be derived from this.
Both the Passenger and Flagship Bike can terminate the Agreement due to an attributable failure in the performance of the Agreement if the other party has been formally notified in writing and given a reasonable period to fulfill their obligations, and they still fail to do so. This includes the payment and cooperation obligations of the Passenger.
In the event of early termination of the Agreement, the Passenger is not entitled to any refund of the Ticket.
Both the Passenger and Flagship Bike can terminate the Agreement, in whole or in part, in writing with immediate effect without further notice in case one of the parties is in suspension of payment, bankruptcy has been requested, or the relevant business ends through liquidation. If a situation as mentioned above occurs, Flagship Bike is never obliged to refund funds already received and/or compensation.

Article 6 – Cancellation and Modification

The Passenger can cancel the public tour free of charge up to 24 hours before the start of the public tour. If canceled within 24 hours before the start of the public tour, the Passenger is liable for the full amount, including arrangements, to Flagship Bike.
The Passenger can cancel the private tour up to 7 days before the start of the tour free of charge. Cancellation within 7 days before the start of the tour obliges the Passenger to pay the full amount, including Arrangements, to Flagship Bike.
Arrangements can be changed at the request of the Passenger up to 72 hours before the start of the tour.
Flagship Bike is entitled to cancel a tour. It is the responsibility of the Passenger to check if a tour is or has been canceled. In the event of a cancellation, Flagship Bike will do its best to inform the Passenger as soon as it becomes aware of it. However, Flagship Bike cannot guarantee that the Passenger will receive this information before the start of the tour.

Article 7 – Ticket

A Ticket consists of a digital document provided by Flagship Bike with a barcode unless Flagship Bike provides a physical Ticket. The barcode is a unique code.
Tickets are personal and are provided only once. Flagship Bike may assume that the holder of the Ticket is the rightful owner.
The Passenger must refrain from reselling the Ticket to third parties in any way unless Flagship Bike has explicitly given permission to the Passenger to do so.
Flagship Bike reserves the right to set a maximum number of Tickets that may be obtained per (potential) Passenger; the (potential) Passenger is obliged to adhere to this.
If and to the extent that the Passenger provides a Ticket or Tickets to third parties without a commercial purpose, these General Terms and Conditions also apply to these third parties. The Passenger guarantees that the third parties mentioned in this article are aware of the content of these General Terms and Conditions and the resulting rights and obligations.
The risk of damage, loss, misuse, and theft of a Ticket is the responsibility of the Passenger.
Tickets can be declared invalid by or on behalf of Flagship Bike, and/or the Passenger can be denied access to the tour if it is found that the Ticket has been obtained through fraud, misuse, and/or other violations.

Article 8 – Passenger Obligations

The Passenger is obligated to provide all information requested by Flagship Bike, as well as relevant data, when accepting the Offer for the correct and efficient execution of the Agreement. This includes, at least, the name, contact information, and email address.
Flagship Bike is not obliged to verify the accuracy and/or completeness of the information provided to it. In case of incorrect and/or incomplete information, Flagship Bike may deny the Passenger access to the tour.
If Flagship Bike delivers the Ticket through electronic communication (email), it ensures that it is provided securely. Flagship Bike does not guarantee the confidentiality of the Ticket or its proper receipt.
The Passenger is obligated to identify themselves at the first request of Flagship Bike and/or a third party engaged by them.
During the tour, the Passenger must behave in accordance with public order, good morals, behavioral rules, and the rules (of decency) applicable to the tour. If and to the extent applicable, the Passenger must comply with the instructions and guidelines provided by (employees of) Flagship Bike in this regard.
Participation in the tour is entirely at the Passenger’s own risk and responsibility. The Passenger is obliged to adhere to safety regulations at all times.
It is prohibited to bring glassware, alcoholic beverages, fireworks, (fire)arms, and/or other dangerous objects, including all legally prohibited items and substances, on the tour.
Minors must always be accompanied by an adult, whether or not they are the parent and/or legal guardian. The adult is at all times responsible for the behavior of the minor and for ensuring compliance with the behavioral rules as referred to in these General Terms and Conditions.
The Passenger must be present at the agreed-upon time. Flagship Bike will wait for a maximum of 15 minutes only in the case of private arrangements. This time will be deducted from the total duration of the tour. If Flagship Bike has to wait for more than 15 minutes, it may decide not to proceed with the tour.
If the delay caused by the Passenger leads to the cancellation of the Agreement, the already paid money will not be refunded.
Persons who cannot swim, as well as children under six years of age, must wear a life vest at all times during the tour.
If the maximum number of persons on the tour is exceeded, and the Passenger wishes to bring more people, Flagship Bike may refuse this.
The Passenger is obliged to report to Flagship Bike all personal circumstances of themselves and/or those on whose behalf they enter into the agreement, to the extent that these may affect the proper execution of the Agreement, including relevant medical and conditional details.
If the Passenger and/or a participant in the tour causes significant hindrance or disturbance, they may be excluded from participation by Flagship Bike. All additional costs incurred in this regard will be borne by the Passenger.
In the event of non-compliance with the (behavioral) rules and/or misconduct by the Passenger (and/or the minor), Flagship Bike is entitled to terminate the Agreement and deny the relevant Passenger access to the tour or not perform or terminate the tour. The Passenger has no claim to any refund of the Ticket.

Article 9 – Prices and Payment

All prices displayed to the Passenger, who is a Consumer, are initially inclusive of value-added tax (VAT), unless otherwise agreed upon.
Payment is made in advance in the currency in which it was invoiced through the specified online payment provider on the website unless otherwise agreed.
For payments made other than through the online payment provider, the payment must be received by Flagship Bike no later than 7 days before the commencement of the tour. The costs must be paid in full, without offset or suspension, within the specified payment period as indicated on the invoice, to the bank account and details provided by Flagship Bike. Failure to make payment or late payment will result in the cancellation of the bookings and associated Tickets.
In the event of liquidation, insolvency, bankruptcy, involuntary liquidation, or a request for payment against the Passenger, payment and all other obligations of the Passenger under the Agreement become immediately due and payable.

Article 10 – Collection Policy

When the Passenger, being a Business, fails to meet its payment obligation and has not fulfilled its obligation within the stipulated payment term, the Passenger is in default by operation of law. If the Passenger is a Consumer, they will first receive a written reminder with a 14-day period from the date of the reminder to fulfill the payment obligation, along with a specification of extrajudicial costs if the Consumer does not meet their obligations within that period, before they enter into default.
From the date the Passenger is in default, Flagship Bike will be entitled, without further notice of default, to statutory commercial interest from the first day of default until full payment, and compensation for extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated according to the scale set out in the Decree on Compensation for Extrajudicial Collection Costs of July 1, 2012.
If Flagship Bike has incurred additional or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full legal and enforcement costs incurred are also borne by the Passenger.

Article 11 – Privacy, Data Processing, and Security

Flagship Bike handles the (personal) data of the Passenger with care and will only use them in accordance with applicable standards. If requested, Flagship Bike will inform the data subject about this.
The Passenger is responsible for processing data that is processed using Flagship Bike’s services. The Passenger also guarantees that the content of the data is not unlawful and does not infringe upon any rights of third parties. In this context, the Passenger indemnifies Flagship Bike against any (legal) claims related to this data or the execution of the Agreement.
Flagship Bike has the right to make visual and/or audio recordings of the tour and the present Passengers for marketing and promotional purposes of Flagship Bike and its services.
If Flagship Bike is required to provide information security under the Agreement, this security will meet the agreed specifications and a level of security that, given the state of technology, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 12 – Force Majeure

Flagship Bike is not liable when it cannot fulfill its obligations under the Agreement due to a force majeure situation.
Force majeure on the part of Flagship Bike includes, but is not limited to: (i) illness of the guide of the tour, (ii) defects in the bike or any third parties involved in the provision of the service, (iii) government measures, (iv) disruptions in electricity, internet, data network, and/or telecommunications facilities, (v) illness of employees of Flagship Bike or consultants engaged by it, and (vi) other situations that, in the opinion of Flagship Bike, are beyond its control and temporarily or permanently prevent the performance of its obligations.
In case of force majeure, both Parties have the right to fully or partially terminate the Agreement. All costs incurred prior to the termination of the Agreement will be borne by the Passenger. Flagship Bike is not obligated to compensate the Passenger for any losses incurred as a result of such termination.

Article 13 – Limitation of Liability

If the Passenger’s participation in the tour results in liability on the part of Flagship Bike, that liability is limited to the value of the Agreement or the total amount that the insurance company of Flagship Bike pays out per event per year, but only in relation to the direct damages suffered by the Passenger. Direct damages are understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage itself, liability, and the method of recovery.
Flagship Bike is not liable for the manner in which the tour is carried out, including the location, route, and duration of the tour.
Flagship Bike disclaims any liability for the loss of clothing, belongings, and/or other property of the Passenger and does not accept any liability in this regard.
Flagship Bike disclaims liability for physical injury to the Passenger in connection with the tour.
Flagship Bike expressly disclaims all liability for consequential damages. Flagship Bike is not liable for indirect damages, loss of business, loss of profit, savings not realized, business interruption damage, loss of assets, delay damage, interest damage, and immaterial damage.
Flagship Bike is only liable for property and/or consequential damage suffered by the Passenger or for injury caused by the Passenger, which is directly and exclusively the result of intent or gross negligence on the part of Flagship Bike, provided that only damage for which Flagship Bike is insured, or should have been insured, within reason and fairness, is eligible for compensation, up to the maximum amount covered therein. The liability of Flagship Bike is excluded, among other things, for:

• Damage resulting from the actions of third parties, including persons engaged by Flagship Bike for the tour and persons engaged by these third parties;
• Damage resulting from failure to follow instructions given by Flagship Bike and failure to adhere to generally accepted rules of conduct (behavioral rules);
• (Consequential) damage resulting from unforeseeable changes in the starting times and departure and end locations and routes of the tour;
• Damage in any way caused by other Passengers;
• Damage resulting from the loss, damage, and/or theft of the belongings or property of the Passenger and/or the holder of a Ticket.

The Passenger indemnifies Flagship Bike against all third-party claims arising from a defect in a service provided by the Passenger to a third party, which also included services provided by Flagship Bike unless the Passenger can prove that the damage was solely caused by the service of Flagship Bike.
If damage occurs during the tour to the bike or other property of Flagship Bike, or to the property of third parties, the Passenger is obliged to compensate for everything.
Any Arrangements provided by Flagship Bike based on incomplete and/or incorrect information provided by the Client are never grounds for liability on the part of Flagship Bike.
Flagship Bike is not liable for damage resulting from any action or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
Flagship Bike is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason. Flagship Bike does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of Flagship Bike, nor for their timely receipt.
All claims by the Passenger for breach of contract on the part of Flagship Bike expire if they are not reported to Flagship Bike in writing and with justification within one year after the Passenger became aware or could reasonably have been aware of the facts on which they base their claims. One year after the termination of the Agreement between the parties, Flagship Bike’s liability expires.

Article 14 – Indemnification and Accuracy of Information

The Passenger is solely responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records, in any form, provided to Flagship Bike in the context of an Agreement, as well as for the data obtained from third parties and provided to Flagship Bike for the execution of the Service.
The Passenger indemnifies Flagship Bike from any liability arising from the failure or untimely fulfillment of obligations regarding the timely provision of all accurate, reliable, and complete data, information, documents, and/or records.

Article 15 – Complaints

If the Passenger is not satisfied with the execution of the Agreement, they can submit a complaint in writing via email to the management of Flagship Bike at Info@flagshipbiketours.com. The complaint must be sufficiently substantiated and/or explained by the Passenger for Flagship Bike to be able to process it. Flagship Bike will respond to this complaint carefully and in writing, after possibly hearing from the Passenger, and the parties will try to find a solution together.
If, in the opinion of the Passenger, the complaint has not been satisfactorily resolved, the Passenger can submit a complaint within 14 days from the date of Flagship Bike’s response as referred to in paragraph 1 of this article.
Submitting a complaint does not grant the Passenger the right to suspend (payment) obligations.
Complaints must be submitted as soon as possible, but in any case within 1 month after the incident being complained about, on pain of forfeiture of rights.
Any legal action by the Passenger arising from this Agreement shall expire one year after the tour or, if no tour has been made, one year after the invoice date. Before that date, the customer must have brought the claim before the competent court, even if a complaint is still pending.

Article 16 – Applicable Law

Dutch law applies to the legal relationship between Flagship Bike and the Passenger.
Flagship Bike has the right to amend these terms and conditions and will notify the Passenger accordingly.
Flagship Bike may declare additional and/or behavioral rules applicable to these General Terms and Conditions.
All disputes arising from or in connection with the Agreement between Flagship Bike and the Passenger shall be settled by the competent court in Amsterdam, unless mandatory legal provisions designate another competent court.

Amsterdam, September 6th, 2023.